Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00865-CR
Timothy A. WALKER,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 12-0765-CR
Honorable Gary L. Steel, Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: March 6, 2013
DISMISSED
Pursuant to a plea bargain agreement, appellant Timothy A. Walker pled guilty to
evading arrest with a vehicle, enhanced. The trial court imposed sentence and signed a
certificate stating that this “is a plea-bargain case, and the defendant has NO right of appeal.”
See TEX. R. APP. P. 25.2(a)(2). After appellant timely filed a notice of appeal, the clerk sent
copies of the certification and notice of appeal to this court. See TEX. R. APP. P. 25.2(e). The
clerk’s record, which includes the plea bargain agreement and the trial court’s Rule 25.2(a)(2)
certification, has been filed. See TEX. R. APP. P. 25.2(d).
04-12-00865-CR
The clerk’s record establishes the punishment assessed by the court does not exceed the
punishment recommended by the prosecutor and agreed to by the defendant and that the trial
court denied permission to appeal. See TEX. R. APP. P. 25.2(a)(2). After reviewing the clerk’s
record, the trial court’s certification therefore appears to accurately reflect that this is a plea
bargain case and appellant does not have a right to appeal. See Dears v. State, 154 S.W.3d 610
(Tex. Crim. App. 2005) (holding that court of appeals should review clerk’s record to determine
whether trial court’s certification is accurate). This court must dismiss an appeal “if a
certification that shows the defendant has the right of appeal has not been made part of the
record.” TEX. R. APP. P. 25.2(d).
On January 25, 2013, we gave appellant notice that the appeal would be dismissed unless
an amended trial court certification showing he has the right to appeal has been made part of the
appellate record by February 25, 2013. See TEX. R. APP. P. 25.2(d); 37.1; Daniels v. State, 110
S.W.3d 174 (Tex. App.—San Antonio 2003, order), disp. on merits, No. 04-03-00176-CR, 2003
WL 21508347 (July 2, 2003, pet. ref’d) (not designated for publication). An amended
certification showing appellant has the right to appeal has not been filed. We therefore dismiss
this appeal. See TEX. R. APP. P. 25.2(d).
PER CURIAM
Do Not Publish
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